Full Text of SB0836 99th General Assembly
SB0836ham002 99TH GENERAL ASSEMBLY | Rep. Brandon W. Phelps Filed: 5/29/2015
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| 1 | | AMENDMENT TO SENATE BILL 836
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 836, AS AMENDED, | 3 | | with reference to page and line numbers of House Amendment No. | 4 | | 1, on page 46, by replacing line 19 with the following: | 5 | | "changing Sections 24-1 and 24-3 as follows:
| 6 | | (720 ILCS 5/24-1) (from Ch. 38, par. 24-1)
| 7 | | Sec. 24-1. Unlawful Use of Weapons.
| 8 | | (a) A person commits the offense of unlawful use of weapons | 9 | | when
he knowingly:
| 10 | | (1) Sells, manufactures, purchases, possesses or | 11 | | carries any bludgeon,
black-jack, slung-shot, sand-club, | 12 | | sand-bag, metal knuckles or other knuckle weapon | 13 | | regardless of its composition, throwing star,
or any knife, | 14 | | commonly referred to as a switchblade knife, which has a
| 15 | | blade that opens automatically by hand pressure applied to | 16 | | a button,
spring or other device in the handle of the | 17 | | knife, or a ballistic knife,
which is a device that propels |
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| 1 | | a knifelike blade as a projectile by means
of a coil | 2 | | spring, elastic material or compressed gas; or
| 3 | | (2) Carries or possesses with intent to use the same | 4 | | unlawfully
against another, a dagger, dirk, billy, | 5 | | dangerous knife, razor,
stiletto, broken bottle or other | 6 | | piece of glass, stun gun or taser or
any other dangerous or | 7 | | deadly weapon or instrument of like character; or
| 8 | | (3) Carries on or about his person or in any vehicle, a | 9 | | tear gas gun
projector or bomb or any object containing | 10 | | noxious liquid gas or
substance, other than an object | 11 | | containing a non-lethal noxious liquid gas
or substance | 12 | | designed solely for personal defense carried by a person 18
| 13 | | years of age or older; or
| 14 | | (4) Carries or possesses in any vehicle or concealed on | 15 | | or about his
person except when on his land or in his own | 16 | | abode, legal dwelling, or fixed place of
business, or on | 17 | | the land or in the legal dwelling of another person as an | 18 | | invitee with that person's permission, any pistol, | 19 | | revolver, stun gun or taser or other firearm, except
that
| 20 | | this subsection (a) (4) does not apply to or affect | 21 | | transportation of weapons
that meet one of the following | 22 | | conditions:
| 23 | | (i) are broken down in a non-functioning state; or
| 24 | | (ii) are not immediately accessible; or
| 25 | | (iii) are unloaded and enclosed in a case, firearm | 26 | | carrying box,
shipping box, or other container by a |
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| 1 | | person who has been issued a currently
valid Firearm | 2 | | Owner's
Identification Card; or | 3 | | (iv) are carried or possessed in accordance with | 4 | | the Firearm Concealed Carry Act by a person who has | 5 | | been issued a currently valid license under the Firearm | 6 | | Concealed Carry Act; or
| 7 | | (5) Sets a spring gun; or
| 8 | | (6) Possesses any device or attachment of any kind | 9 | | designed, used or
intended for use in silencing the report | 10 | | of any firearm; or
| 11 | | (7) Sells, manufactures, purchases, possesses or | 12 | | carries:
| 13 | | (i) a machine gun, which shall be defined for the | 14 | | purposes of this
subsection as any weapon,
which | 15 | | shoots, is designed to shoot, or can be readily | 16 | | restored to shoot,
automatically more than one shot | 17 | | without manually reloading by a single
function of the | 18 | | trigger, including the frame or receiver
of any such | 19 | | weapon, or sells, manufactures, purchases, possesses, | 20 | | or
carries any combination of parts designed or | 21 | | intended for
use in converting any weapon into a | 22 | | machine gun, or any combination or
parts from which a | 23 | | machine gun can be assembled if such parts are in the
| 24 | | possession or under the control of a person;
| 25 | | (ii) any rifle having one or
more barrels less than | 26 | | 16 inches in length or a shotgun having one or more
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| 1 | | barrels less than 18 inches in length or any weapon | 2 | | made from a rifle or
shotgun, whether by alteration, | 3 | | modification, or otherwise, if such a weapon
as | 4 | | modified has an overall length of less than 26 inches; | 5 | | or
| 6 | | (iii) any
bomb, bomb-shell, grenade, bottle or | 7 | | other container containing an
explosive substance of | 8 | | over one-quarter ounce for like purposes, such
as, but | 9 | | not limited to, black powder bombs and Molotov | 10 | | cocktails or
artillery projectiles; or
| 11 | | (8) Carries or possesses any firearm, stun gun or taser | 12 | | or other
deadly weapon in any place which is licensed to | 13 | | sell intoxicating
beverages, or at any public gathering | 14 | | held pursuant to a license issued
by any governmental body | 15 | | or any public gathering at which an admission
is charged, | 16 | | excluding a place where a showing, demonstration or lecture
| 17 | | involving the exhibition of unloaded firearms is | 18 | | conducted.
| 19 | | This subsection (a)(8) does not apply to any auction or | 20 | | raffle of a firearm
held pursuant to
a license or permit | 21 | | issued by a governmental body, nor does it apply to persons
| 22 | | engaged
in firearm safety training courses; or
| 23 | | (9) Carries or possesses in a vehicle or on or about | 24 | | his person any
pistol, revolver, stun gun or taser or | 25 | | firearm or ballistic knife, when
he is hooded, robed or | 26 | | masked in such manner as to conceal his identity; or
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| 1 | | (10) Carries or possesses on or about his person, upon | 2 | | any public street,
alley, or other public lands within the | 3 | | corporate limits of a city, village
or incorporated town, | 4 | | except when an invitee thereon or therein, for the
purpose | 5 | | of the display of such weapon or the lawful commerce in | 6 | | weapons, or
except when on his land or in his own abode, | 7 | | legal dwelling, or fixed place of business, or on the land | 8 | | or in the legal dwelling of another person as an invitee | 9 | | with that person's permission, any
pistol, revolver, stun | 10 | | gun or taser or other firearm, except that this
subsection | 11 | | (a) (10) does not apply to or affect transportation of | 12 | | weapons that
meet one of the following conditions:
| 13 | | (i) are broken down in a non-functioning state; or
| 14 | | (ii) are not immediately accessible; or
| 15 | | (iii) are unloaded and enclosed in a case, firearm | 16 | | carrying box,
shipping box, or other container by a | 17 | | person who has been issued a currently
valid Firearm | 18 | | Owner's
Identification Card ; or .
| 19 | | (iv) are carried or possessed in accordance with | 20 | | the Firearm Concealed Carry Act by a person who has | 21 | | been issued a currently valid license under the Firearm | 22 | | Concealed Carry Act.
| 23 | | A "stun gun or taser", as used in this paragraph (a) | 24 | | means (i) any device
which is powered by electrical | 25 | | charging units, such as, batteries, and
which fires one or | 26 | | several barbs attached to a length of wire and
which, upon |
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| 1 | | hitting a human, can send out a current capable of | 2 | | disrupting
the person's nervous system in such a manner as | 3 | | to render him incapable of
normal functioning or (ii) any | 4 | | device which is powered by electrical
charging units, such | 5 | | as batteries, and which, upon contact with a human or
| 6 | | clothing worn by a human, can send out current capable of | 7 | | disrupting
the person's nervous system in such a manner as | 8 | | to render him incapable
of normal functioning; or
| 9 | | (11) Sells, manufactures or purchases any explosive | 10 | | bullet. For purposes
of this paragraph (a) "explosive | 11 | | bullet" means the projectile portion of
an ammunition | 12 | | cartridge which contains or carries an explosive charge | 13 | | which
will explode upon contact with the flesh of a human | 14 | | or an animal.
"Cartridge" means a tubular metal case having | 15 | | a projectile affixed at the
front thereof and a cap or | 16 | | primer at the rear end thereof, with the
propellant | 17 | | contained in such tube between the projectile and the cap; | 18 | | or
| 19 | | (12) (Blank); or
| 20 | | (13) Carries or possesses on or about his or her person | 21 | | while in a building occupied by a unit of government, a | 22 | | billy club, other weapon of like character, or other | 23 | | instrument of like character intended for use as a weapon. | 24 | | For the purposes of this Section, "billy club" means a | 25 | | short stick or club commonly carried by police officers | 26 | | which is either telescopic or constructed of a solid piece |
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| 1 | | of wood or other man-made material. | 2 | | (b) Sentence. A person convicted of a violation of | 3 | | subsection 24-1(a)(1)
through (5), subsection 24-1(a)(10),
| 4 | | subsection 24-1(a)(11), or subsection 24-1(a)(13) commits a | 5 | | Class A
misdemeanor.
A person convicted of a violation of | 6 | | subsection
24-1(a)(8) or 24-1(a)(9) commits a
Class 4 felony; a | 7 | | person
convicted of a violation of subsection 24-1(a)(6) or | 8 | | 24-1(a)(7)(ii) or (iii)
commits a Class 3 felony. A person | 9 | | convicted of a violation of subsection
24-1(a)(7)(i) commits a | 10 | | Class 2 felony and shall be sentenced to a term of imprisonment | 11 | | of not less than 3 years and not more than 7 years, unless the | 12 | | weapon is possessed in the
passenger compartment of a motor | 13 | | vehicle as defined in Section 1-146 of the
Illinois Vehicle | 14 | | Code, or on the person, while the weapon is loaded, in which
| 15 | | case it shall be a Class X felony. A person convicted of a
| 16 | | second or subsequent violation of subsection 24-1(a)(4), | 17 | | 24-1(a)(8),
24-1(a)(9), or
24-1(a)(10) commits a Class 3 | 18 | | felony. The possession of each weapon in violation of this | 19 | | Section constitutes a single and separate violation.
| 20 | | (c) Violations in specific places.
| 21 | | (1) A person who violates subsection 24-1(a)(6) or | 22 | | 24-1(a)(7) in any
school, regardless of the time of day or | 23 | | the time of year, in residential
property owned, operated | 24 | | or managed by a public housing agency or
leased by
a public | 25 | | housing agency as part of a scattered site or mixed-income
| 26 | | development, in a
public park, in a courthouse, on the real |
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| 1 | | property comprising any school,
regardless of the
time of | 2 | | day or the time of year, on residential property owned, | 3 | | operated
or
managed by a public housing agency
or leased by | 4 | | a public housing agency as part of a scattered site or
| 5 | | mixed-income development,
on the real property comprising | 6 | | any
public park, on the real property comprising any | 7 | | courthouse, in any conveyance
owned, leased or contracted | 8 | | by a school to
transport students to or from school or a | 9 | | school related activity, in any conveyance
owned, leased, | 10 | | or contracted by a public transportation agency, or on any
| 11 | | public way within 1,000 feet of the real property | 12 | | comprising any school,
public park, courthouse, public | 13 | | transportation facility, or residential property owned, | 14 | | operated, or managed
by a public housing agency
or leased | 15 | | by a public housing agency as part of a scattered site or
| 16 | | mixed-income development
commits a Class 2 felony and shall | 17 | | be sentenced to a term of imprisonment of not less than 3 | 18 | | years and not more than 7 years.
| 19 | | (1.5) A person who violates subsection 24-1(a)(4), | 20 | | 24-1(a)(9), or
24-1(a)(10) in any school, regardless of the | 21 | | time of day or the time of year,
in residential property | 22 | | owned, operated, or managed by a public
housing
agency
or | 23 | | leased by a public housing agency as part of a scattered | 24 | | site or
mixed-income development,
in
a public
park, in a | 25 | | courthouse, on the real property comprising any school, | 26 | | regardless
of the time of day or the time of year, on |
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| 1 | | residential property owned,
operated, or managed by a | 2 | | public housing agency
or leased by a public housing agency | 3 | | as part of a scattered site or
mixed-income development,
on | 4 | | the real property
comprising any public park, on the real | 5 | | property comprising any courthouse, in
any conveyance | 6 | | owned, leased, or contracted by a school to transport | 7 | | students
to or from school or a school related activity, in | 8 | | any conveyance
owned, leased, or contracted by a public | 9 | | transportation agency, or on any public way within
1,000 | 10 | | feet of the real property comprising any school, public | 11 | | park, courthouse,
public transportation facility, or | 12 | | residential property owned, operated, or managed by a | 13 | | public
housing agency
or leased by a public housing agency | 14 | | as part of a scattered site or
mixed-income development
| 15 | | commits a Class 3 felony.
| 16 | | (2) A person who violates subsection 24-1(a)(1), | 17 | | 24-1(a)(2), or
24-1(a)(3)
in any school, regardless of the | 18 | | time of day or the time of year, in
residential property | 19 | | owned, operated or managed by a public housing
agency
or | 20 | | leased by a public housing agency as part of a scattered | 21 | | site or
mixed-income development,
in
a public park, in a | 22 | | courthouse, on the real property comprising any school,
| 23 | | regardless of the time of day or the time of year, on | 24 | | residential property
owned, operated or managed by a public | 25 | | housing agency
or leased by a public housing agency as part | 26 | | of a scattered site or
mixed-income development,
on the |
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| 1 | | real property
comprising any public park, on the real | 2 | | property comprising any courthouse, in
any conveyance | 3 | | owned, leased or contracted by a school to transport | 4 | | students
to or from school or a school related activity, in | 5 | | any conveyance
owned, leased, or contracted by a public | 6 | | transportation agency, or on any public way within
1,000 | 7 | | feet of the real property comprising any school, public | 8 | | park, courthouse,
public transportation facility, or | 9 | | residential property owned, operated, or managed by a | 10 | | public
housing agency or leased by a public housing agency | 11 | | as part of a scattered
site or mixed-income development | 12 | | commits a Class 4 felony. "Courthouse"
means any building | 13 | | that is used by the Circuit, Appellate, or Supreme Court of
| 14 | | this State for the conduct of official business.
| 15 | | (3) Paragraphs (1), (1.5), and (2) of this subsection | 16 | | (c) shall not
apply to law
enforcement officers or security | 17 | | officers of such school, college, or
university or to | 18 | | students carrying or possessing firearms for use in | 19 | | training
courses, parades, hunting, target shooting on | 20 | | school ranges, or otherwise with
the consent of school | 21 | | authorities and which firearms are transported unloaded
| 22 | | enclosed in a suitable case, box, or transportation | 23 | | package.
| 24 | | (4) For the purposes of this subsection (c), "school" | 25 | | means any public or
private elementary or secondary school, | 26 | | community college, college, or
university.
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| 1 | | (5) For the purposes of this subsection (c), "public | 2 | | transportation agency" means a public or private agency | 3 | | that provides for the transportation or conveyance of
| 4 | | persons by means available to the general public, except | 5 | | for transportation
by automobiles not used for conveyance | 6 | | of the general public as passengers; and "public | 7 | | transportation facility" means a terminal or other place
| 8 | | where one may obtain public transportation.
| 9 | | (d) The presence in an automobile other than a public | 10 | | omnibus of any
weapon, instrument or substance referred to in | 11 | | subsection (a)(7) is
prima facie evidence that it is in the | 12 | | possession of, and is being
carried by, all persons occupying | 13 | | such automobile at the time such
weapon, instrument or | 14 | | substance is found, except under the following
circumstances: | 15 | | (i) if such weapon, instrument or instrumentality is
found upon | 16 | | the person of one of the occupants therein; or (ii) if such
| 17 | | weapon, instrument or substance is found in an automobile | 18 | | operated for
hire by a duly licensed driver in the due, lawful | 19 | | and proper pursuit of
his trade, then such presumption shall | 20 | | not apply to the driver.
| 21 | | (e) Exemptions. Crossbows, Common or Compound bows and | 22 | | Underwater
Spearguns are exempted from the definition of | 23 | | ballistic knife as defined in
paragraph (1) of subsection (a) | 24 | | of this Section.
| 25 | | (Source: P.A. 95-331, eff. 8-21-07; 95-809, eff. 1-1-09; | 26 | | 95-885, eff. 1-1-09; 96-41, eff. 1-1-10; 96-328, eff. 8-11-09; |
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| 1 | | 96-742, eff. 8-25-09; 96-1000, eff. 7-2-10.)".
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